Section 56 Delhi Police Act, 1978 - Resistance to Taking Measurements
Section 56 addresses resistance or refusal when a person is lawfully required to permit measurements or photographs under the Delhi Police Act, 1978. It also protects the person's interests if the underlying removal order is set aside on appeal.
Text of Section 56
(1) If any person as aforesaid when required to allow his measurements or photograph to be taken resists or refuses to allow the taking of such measurements or photograph, it shall be lawful to use all necessary means to secure the taking thereof.
(2) Resistance to or refusal to allow the taking of measurements or photographs under this Act shall be deemed to be an offence under section 186 of the Indian Penal Code (45 of 1860).
(3) Where an order under section 46, section 47 or section 48 is set aside in appeal, all measurements and photographs (including negatives) taken under this section shall be destroyed or made over to the person against whom such order is made.
Source: Delhi Police Act, 1978 - official India Code text (PDF).
Meaning and scope of Section 56
The provision works together with Section 55. Under Section 55, a person against whom an order under Section 46, 47 or 48 has been made must, when required by the Commissioner of Police, allow a police officer to take measurements and photographs in the prescribed manner. Section 56 specifies the consequences of resistance to that lawful requirement.
Section 56(1): Necessary means to obtain measurements
Sub-section (1) permits the use of necessary means to secure measurements or a photograph when the person resists or refuses. The provision does not create an unrestricted power to use force: the requirement must arise under the Act, and any measures used remain subject to applicable legal safeguards and standards of necessity and proportionality.
Section 56(2): Offence for resistance or refusal
The statutory text refers to Section 186 of the Indian Penal Code, 1860, which dealt with voluntarily obstructing a public servant in the discharge of public functions. Since 1 July 2024, the Indian Penal Code has been repealed and replaced by the Bharatiya Nyaya Sanhita, 2023. The corresponding current offence is Section 221 of the Bharatiya Nyaya Sanhita, which provides for imprisonment up to three months, a fine up to Rs. 2,500, or both.
Read the Bharatiya Nyaya Sanhita, 2023 (official BPRD PDF), including Sections 221 and 358.
Section 56(3): Destruction or return of records after successful appeal
If the underlying order made under Section 46, 47 or 48 is set aside in appeal, the measurements and photographs, including photographic negatives, taken under this provision must be destroyed or handed over to the person concerned. This is a specific statutory safeguard tied to the success of the appeal.
Related provisions of the Delhi Police Act
Section 46 concerns dispersal of gangs and bodies of persons; Section 47 concerns removal of persons about to commit offences; and Section 48 concerns removal of persons convicted of certain offences. Section 51 deals with appeals against orders under Sections 46, 47 and 48. Section 55 provides the initial authority for measurements and photographs, while Section 56 deals with resistance and the consequences of an order being set aside.
Frequently asked questions
Can the police take photographs under Section 56?
Section 56 supports enforcement of a lawful requirement under Section 55 when a person resists or refuses. It does not independently authorize photographing every person.
Does every refusal automatically amount to an offence?
Section 56(2) treats resistance or refusal under the Act as an offence by reference to the obstruction provision. Whether an offence is established in an individual case depends on the lawful basis of the requirement, relevant facts, and applicable criminal law.
What happens if an externment order is overturned?
Under Section 56(3), where the relevant order under Section 46, 47 or 48 is set aside in appeal, measurements and photographs taken under the provision must be destroyed or returned to the person concerned.